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Photo of Craig R. Fishman

Tried And True Attorneys Standing Up For The Injured Since 1965

Can a BAC below the legal limit lead to a DUI?

On Behalf of | Feb 18, 2021 | DWI/DUI Defense |

Many people already know that if you have a blood-alcohol concentration of 0.08%, you could be arrested for drunk driving. However, in New Jersey, you could even be arrested for DUI if your BAC is below the legal limit if the police determine through observation and field sobriety tests that you are too impaired to drive. The following is a brief overview of how a BAC below the legal limit can affect your driving.

A BAC of 0.05%

If you have about three standard alcoholic drinks, your BAC may be around 0.05%. According to the Centers for Disease Control and Prevention, a standard alcoholic drink is 12 ounces of 5% alcohol content beer, eight ounces of 7% alcohol content malt liquor, five ounces of 12% alcohol content wine or 1.5 ounces of 80-proof distilled spirits or liquor.

With a BAC of 0.05% you may find that your coordination and ability to track moving objects is reduced. It may become harder to steer your vehicle. You may also find that you have a harder time responding to emergency driving situations. This could potentially affect your driving abilities.

A BAC of 0.02%

However, what if you only had about two standard alcoholic drinks and your BAC is a mere 0.02%. Can that affect your driving? In some cases, it can. With a BAC of 0.02% you may find it more difficult to rapidly track moving objects. You may also find it more difficult to do two tasks at the same time. As this shows, even two drinks have the potential to affect your driving abilities.

Learn more about DUI defense

If you are arrested for DUI, it is important to establish a strong defense, especially if your BAC was below the legal limit at the time of your arrest. There are a variety of arguments you may be able to make in such situations in order to have the charges against you reduced or dropped altogether. To learn more about DUI defense, you can visit our firm’s website for further information.